HomeMy WebLinkAboutOrder 007 - Vac Part of Stagecoach Ln�ues°
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 6, 2011
Please see directions for completing this document on the next page.
DATE: March 16, 2011
FROM: George Kolb, County Engineer Road 541-322-7113
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Order 2011-007, Vacating a Portion of Stagecoach Lane (aka a
portion of the Frank Doney Road) located in Deschutes County, Oregon
PUBLIC HEARING ON THIS DATE? NO. The proceedings for the vacation were intiated by a
petition which contained the acknowledged signatures of 100 percent of the property owners abutting
the property to be vacated therefore per ORS 368.351, no public hearing is required.
BACKGROUND AND POLICY IMPLICATIONS:
The Road Department was approached by Philip and Penelope Knight concerning the vacation of a
portion of Stagecoach Lane (aka the Frank Doney Road) that is located along the north line of their
property on the border of Deschutes County and Jefferson County. The portion of Stagecoach Lane
being vacated is located entirely on property owned by the Knight's both in Deschutes County and
Jefferson County. Road Department records indicate that the Frank Doney Road was established by the
Crook County Commissioners on 9/8/1910 as recorded in Crook County Commissioners Journal 4,
Page 404 with a right-of-way width of 60 feet. This road serves only the Knight property within
Deschutes County. The remainder of the road, (the north 30 feet of the right-of-way is located in
Jefferson County) will be vacated in a separate process in Jefferson County. The Knight's will still
have public road frontage on the portion of Stagecoach Lane that is not included in this vacation along
with frontage on 10th Street. It is the Road Department's assessment that the proposed vacation is in
the public interest as it returns the right-of-way to the tax roles and allows the property owners to better
utilize their properties. Conversation with Mike McHaney, Jefferson County Public Works Director
indicated that Jefferson County is in favor of the vacation and will be presenting it to the Jefferson
County Board of County Commissioners on April 6, 2011. Signature of this Order finalizes the
vacation of Stagecoach Lane
FISCAL IMPLICATIONS:
None. All fees required for this vacation have been paid by the applicant.
RECOMMENDATION & ACTION REQUESTED:
Move approval of Board signature of Order No. 2011-007, vacating a portion of Stagecoach Lane (aka
a portion of the Frank Doney Road)
ATTENDANCE: George Kolb, County Engineer
DISTRIBUTION OF DOCUMENTS:
Jefferson County
Deschutes County
1—
Stagecoach Lane Vacation
STAGECOACH LN
Area of Vacation
Locator
Locator Map
0
I I �
600 1,200
1,800
2,400 Feet
ICE AV
LOWER BR,E WAY
n.
Terrebonne It
itsil Location of
Vacation
Redmond
fl
1 f1
Legend
State Highway
Jefferson County Taxlots
Deschutes County Taxlots
L J County Boundary
The information on this map was derived from digital databases an
Deschutes County's G.I.S. Care was taken in the creation of this
map, but it is provided "as is". Deschutes County cannot accept any
responsibility for errors, omissions, or positional accuracy in the dgital
data or the underlying records. There are no warranties, express or
implied, indudng the warranty of merchantability of fitness for a
particular purpose, accompanying this product. However, notification
of any errors will be appreciated.
Printed: August 30, 2010
Deschutes County Road Department
MOP
John Anderson. Q5 Spesialisr
Ph -, 1541)322 7102
Esnail.jo naoco.eerd,uces.acta
Ra1rrn 41150 SE 271110
9rnd, OR 97702
P:\ArcGIS_Projects\Vacations\Stagecoach Ln
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order vacating a portion of
Stagecoach Lane (aka a portion of the
Frank Doney Road) located in Deschutes
County, Oregon,
ORDER NO. 2011-007
WHEREAS, proceedings for vacating a portion of the Stagecoach Lane (aka a
portion of the Frank Doney Road) located in Deschutes County, Oregon, were initiated by a
petition filed by owners of property abutting said road and trails pursuant to ORS 368.341(1)
(c); and
WHEREAS, said petition meets the requirements of ORS 368.341(3); and
WHEREAS, said petition contains the acknowledged signatures of owners of 100
percent of property abutting the property proposed to be vacated and indicates said owners'
approval of said vacation; and
WHEREAS, as requested by the Board of County Commissioners pursuant to ORS
368.346(1), the County Road Official has prepared and filed with the Board a written report
pertaining to the vacation; and
WHEREAS, said report contains the County Road Official's assessment that the
proposed vacation is in the public interest; and
WHEREAS, the Board of County Commissioners finds that the proposed vacation is
in the public interest; now, therefore
THE BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY,
OREGON, ORDERS as follows:
Section 1 That the petition filed by the owners of 100 percent of the property
abutting the property proposed for vacation, attached hereto as Exhibit "A" and by this
reference incorporated herein, is hereby accepted and approved.
Section 2. That the County Road Official's written report, attached as Exhibit "B"
and by this reference incorporated herein, is hereby accepted and approved.
Page 1 of 2 — ORDER NO. 2011-007
Section 3. That the property, described in Exhibit "C" attached hereto and by this
reference incorporated herein, is hereby vacated.
Section 4. This vacation will become effective immediately upon the approval by
Jefferson County of the vacation of that portion of Stagecoach Lane that lies within
Jefferson County's jurisdiction."
Section 5. That the property, vacated in Section 3 herein shall vest with the
rightful owner holding title according to law, in accordance with ORS 368.366(1)(c).
Section 6. That the Deschutes County Surveyor is directed to mark the plat as
provided in ORS 271.230.
Section 7. That this Order shall be recorded with the Deschutes County Clerk,
and copies shall be filed with the Deschutes County Surveyor and County Assessor.
Dated this of , 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Page 2 of 2 — ORDER NO. 2011-007
PETITION FOR VACATION OF A PUBLIC ROAD
TO: THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
We, the undersigned (holding recorded interest or abutting the proposed property or owning
improvements constructed on the proposed property for vacation), respectfully request the following
described road be vacated.
Description of road to be vacated:
Located in /f it/ rt,1'i e >^ r -e-
Reason for road vacation request:
, Deschutes County.
DATED this 1 ( day of fluCjuSt
PRINT NAME SI( ATURE
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STATE OF OREGON
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On this t 1 day ofin theyear 20 IL, before me, a Notary Public,personally appeared
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me on the basis of sati actory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
(" OFFICIAL SEM.
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LESLIE M POVEY
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COMMISSION NO. 436800
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MY COMMISSION EXPIRES FEB 24 2013
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OFFICIAL SEAL 1
LESLIE M POVEY
COMMISSION NO 8436800
MY COMMISSION EXPIRES FEB 24 2013
On thi day of , in the year 20 10 before me, a Notary Public, personally appeared
(i\ personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
STATE OF OREGON
County of
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WIT S yhan and:official seal
Notary Public for Oregon. .1
My Commission expires: v�o���a�`��
On this day of , in the year 20 , before me, a Notary Public, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WITNESS my hand and official seal
STATE OF OREGON
County of
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ss.
Notary Public for Oregon.
My Commission expires:
On this day of , in the year 20 , before me, a Notary Public, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is(are) subscribed to this
instrument, and acknowledged that he (she, they) executed it.
WITNESS my hand and official seal
Notary Public for Oregon.
My Commission expires:
I CERTIFY THAT THIS IS THE TRUE AND ORIGINAL PETITION CIRCULATED BY ME.
SIGNATURE
ADDRESS
TELEPHONE:
Page 1 of 2
Exhibit "A"
2 of 2
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Exhibit B
Page 1 of 3
ENGINEER'S REPORT
Road De . artment
61 150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
TO: Board of County Commissioners
FROM: George Kolb, County Engineer, Deschutes County Road Department
DATE: March 16, 2011
SUBJECT: Vacation of a portion of a portion of Stagecoach Lane (aka a portion of the Frank Doney Road)
This report is made pursuant to ORS 368.351, concerning the vacation of property without a public hearing. A
county governing body may make a determination about a vacation of property without a public hearing if:
(1) The county road official files with the county governing body a written report that contains the county
road official's assessment that any vacation of public property is in the public interest; and
(2) The proceedings for a vacation were initiated by a petition that contains acknowledged signatures of
100 percent of the property owners abutting any public property to be vacated.
Discussion:
The Road Department was approached by Philip and Penelope Knight concerning the vacation of a portion of
Stagecoach Lane (aka the Frank Doney Road) that is located along the north line of their property on the border
of Deschutes County and Jefferson County. Road Department records indicate that the Frank Doney Road was
established by the Crook County Commissioners on 9/8/1910 as recorded in Crook County Commissioners
Journal 4, Page 404 with a right-of-way width of 60 feet. This road serves only the Knight property within
Deschutes County. The remainder of the road, (the north 30 feet of the right-of-way is located in Jefferson
County) will be vacated in a separate process in Jefferson County. Conversation with Mike McHaney, Jefferson
County Public Works Director indicated that Jefferson County is in favor of the vacation.
The Road Department mailed out notices to all interested parties and also utilities serving the area to determine if
there was any interest in maintaining a utility easement. The following are the utilities notified and their response
to the vacation:
Central Electric: Response from Lance Wooderson, Distribution Engineer, "Central Electric Coop (CEC)
currently has approximately 2300' of powerlines in the road right-of-way. CEC will need a
power line easement to protect and maintain these facilities." On January 5, 2011, an easement
was recorded in favor of Central Electric Co-op per document 2011-00478.
Quality Services Performed with Pride
Exhibit B
Page 2 of 3
Central Oregon Irrigation District: On January 7, 2011, Jeremiah Fender contacted our office concerning the
vacation. He stated that COID does need an easement even though they did not reply to the
initial request for comments. It was explained to Jeremiah that we would not proceed with the
vacation until an easement was in place for their facilities. On March 15, 2011, an easement was
recorded in favor of CIOD per document 2011-09939.
Pacific Power: No Response
PGT: No Response
Qwest Communications: Response dated 9/14/10 from Lynn Smith, Manager, ROW, stating that Qwest does
have facilities in the area to be vacated and that it is imperative that Qwest rights be preserved in
the area in the form of a perpetual non-exclusive easement. On March 15, 2011, an easement was
recorded in favor of Qwest per document 2011-09940.
Redmond Fire and Rescue: Response dated 9/14/10 from Clara Butler, Deputy Fire Marshall, "Stagecoach
Lane is a primary emergency access to structures. Redmond Fire and Rescue does not support
the vacation of this Lane." On December 20, 2010, Clara Butler send an e-mail to the Road
Department stating the following, "Redmond Fire and Rescue has approved the road vacation of
Stagecoach Ln. It shall be maintained by Phillip Knight and meet fire code requirements of 20
feet in width with all weather surface and be able to withstand 70,000 pounds."
Deschutes County Community Development Department: No Response
Jefferson Co. Public Works Department: Conversation with Mike McHaney, Jefferson County Public Works
Director indicates that he does not have a problem with the portion of the vacation located in Jefferson County.
He stated he will be bringing this before his Board of County Commissioners on April 6, 2011 for approval.
Findings:
Based upon preliminary responses, and the Department's research of the proposed vacation, the Road Department
makes the following findings:
1. The Road Department has verified that a petition under ORS 368.341 has initiated proceedings for this
vacation and contains the acknowledged signatures of the owners of 100 percent of the property abutting
the proposed vacation.
2. The right-of-way proposed for vacation will not be needed for public travel in the future
3. A utility easement does have to be retained and has been accomplished per documents 2011-00478, 2011-
09939, and 2011-09940.
4. The vacation allows the applicants to better utilize their property and cleans up the title to their property.
Exhibit B
Page 3 of 3
Recommendation;
It is the Road Department's assessment that the proposed vacation is in the public interest as it returns the right-
of-way to the tax roles and allows the property owners to better utilize their properties. The Road Department
recommends that the Board approve the vacation of the parcels as described in the attached Order No. 2011-007
subject to the following conditions:
1. The vacated property shall vest in the rightful owner holding title according to law pursuant to ORS
368.366 (1)(c).
2. Utility easements have been retained on the vacated property
3. No opposition to the vacation is reported to the County prior to presentation to the Board of County
Commissioners.
4. This vacation will become effective immediately upon the approval by Jefferson County of the vacation
of that portion of Stagecoach Lane that lies within Jefferson County's jurisdiction."
EXHIBIT "C"
Page 1 of 2
VACATION OF A PORTION OF THE FRANK DONEY ROAD
DESCRIPTION OF A PORTION OF THE FRANK DONEY ROAD AS
ESTABLISHED PER CROOK COUNTY COMMISSIONERS JOURNAL 4,
PAGE 404, DATED SEPTEMBER 8, 1910, LOCATED IN THE SOUTHEAST
1/4 OF SECTION 33, TOWNSHIP 13 SOUTH, RANGE 13 EAST, AND IN
THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 14 SOUTH, RANGE 13
EAST, WILLAME I IE MERIDIAN, JEFFERSON AND DESCHUTES COUNTIES,
OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID FRANK DONEY ROAD LOCATED WITHIN THE
SOUTHEAST 1/4 OF SAID SECTION 33, AND LOCATED WITHIN THE
NORTHEAST 1/4 OF SAID SECTION 4, AND LYING EAST OF A LINE
WHICH IS PERPENDICULAR TO THE NORTH LINE OF SAID SECTION 4,
SAID LINE BEING 198 FEET EAST OF THE NORTH 1/4 CORNER OF
SAID SECTION 4, AS MEASURED ALONG THE NORTH LINE OF SAID
SECTfON 4.
THE AREA TO BE VACATED IS SHOWN ON THE ATTACHED EXHIBIT " 0",
WHICH IS HEREBY INCORPORATED BY REFERENCE.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
(1Z,r
OREGON
JULY 15, 1983
WILLIAM G. BAHRKE
N. 2039 1
Renewal Date: 12/31/11
PREPARED AUGUST 6, 2010
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548-6778 10-047F.DWG
VACATION OF A PORTION OF
SECTION 33, T. 7 3S., R. 13E.,
JEFFERSON AND DESCHUTES
LEGEND
PORTION OF FRANK DONEY ROAD
PREVIOUSLY VACATED — nnuununnnul
PORTION OF FRANK DONEY ROAD
TO BE VACATED — 11111111111
PORTION OF FRANK DONEY ROAD
TO REMAIN —
7)/r
SCALE:
1" = 1000'
N1/4 CORNER
SECTION 4
MILE 2
NW1/4
60' RIGHT—OF—WAY
SW 7/4
EXHIBIT "C"
Page 2 of 2
THE FRANI< DONEY ROAD, LOCATED IN
AND 1N SECTION 4, T. 7 4S., R. 13E., W.M.,
COUNTIES, OREGON I
NE1/4
5E1 /4
528
S27
S33
S34
NW 7/4
SWI/4
JEFFERSON COUNTY
533 534 T135 R13E
1 -11H11 -11-1111111-111-111-141-11-111-111-111-1-11-1-11-1H1111
11
S4 i S3 T14S R73E
t 198'
NE1/4
SE7f4
DESCHUTES COUNTY
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON
JULY 15, 1983
WILLIAM G. BAHRKE
2039
Renewal Date: 12/31/11
PREPARED AUGUST 4, 2010
POVEY AND ASSOC. LAND SURVEYORS
P.O. BOX 131, REDMOND, OR 97756
(541) 548-6778 10— 047F. DWG